Terms Of Use
THIS WEBSITE REQUIRES CONSIDERATION OF THE FOLLOWING FOR AND AS A CONDITION OF ALLOWING YOU ACCESS.
READING AND ACCEPTING THE TERMS OF USE AND READING AND ACCEPTING THE PROVISIONS OF THE PRIVACY POLICY OF THIS WEBSITE ARE REQUIRED CONSIDERATIONS FOR THE WEBSITE GRANTING YOU THE RIGHT TO VISIT, READ OR INTERACT WITH IT.
PARTIES TO THE TERMS OF USE AGREEMENT
ALL PERSONS ARE DENIED ACCESS TO THIS SITE UNLESS THEY READ AND ACCEPT THE TERMS OF USE AND THE PRIVACY POLICY.
BY VIEWING, VISITING, USING, OR INTERACTING WITH THIS WEBSITE OR WITH ANY BANNER, POP-UP, OR ADVERTISING THAT APPEARS ON IT, YOU ARE AGREEING TO ALL THE PROVISIONS OF THIS TERMS OF USE POLICY AND THE PRIVACY POLICY OF THIS WEBSITE.
ALL PERSONS UNDER THE AGE OF 18 ARE DENIED ACCESS TO THIS WEBSITE. IF YOU ARE UNDER 18 YEARS OF AGE, IT IS UNLAWFUL FOR YOU TO VISIT, READ, OR INTERACT WITH THIS WEBSITE OR ITS CONTENTS IN ANY MANNER.
THIS WEBSITE SPECIFICALLY DENIES ACCESS TO ANY INDIVIDUAL THAT IS COVERED BY THE CHILD ONLINE PRIVACY ACT (COPA) OF 1998.
THIS WEBSITE RESERVES THE RIGHT TO DENY ACCESS TO ANY PERSON OR VIEWER FOR ANY REASON. UNDER THE TERMS OF THE PRIVACY POLICY, WHICH YOU ACCEPT AS A CONDITION FOR VIEWING, THE WEBSITE IS ALLOWED TO COLLECT AND STORE DATA AND INFORMATION FOR THE PURPOSE OF EXCLUSION AND FOR MANY OTHER USES.
THE TERMS OF USE AGREEMENT MAY CHANGE FROM TIME TO TIME. VISITORS HAVE AN AFFIRMATIVE DUTY, AS PART OF THE CONSIDERATION FOR PERMISSION TO VIEW THIS WEBSITE, TO KEEP THEMSELVES INFORMED OF CHANGES.
PARTIES TO THE TERMS OF USE AGREEMENT
VISITORS, VIEWERS, USERS, SUBSCRIBERS, MEMBERS, AFFILIATES, OR CUSTOMERS, COLLECTIVELY REFERRED TO HEREIN AS “VISITORS,” ARE PARTIES TO THIS AGREEMENT. THE WEBSITE AND ITS OWNERS AND/OR OPERATORS ARE PARTIES TO THIS AGREEMENT, HEREIN REFERRED TO AS “WEBSITE.
USE OF INFORMATION FROM THIS WEBSITE
UNLESS YOU HAVE ENTERED INTO AN EXPRESS WRITTEN CONTRACT WITH THIS WEBSITE TO THE CONTRARY, VISITORS, VIEWERS, SUBSCRIBERS, MEMBERS, AFFILIATES, OR CUSTOMERS HAVE NO RIGHT TO USE THIS INFORMATION IN A COMMERCIAL OR PUBLIC SETTING; THEY HAVE NO RIGHT TO BROADCAST IT, COPY IT, SAVE IT, PRINT IT, SELL IT, OR PUBLISH ANY PORTIONS OF THE CONTENT OF THIS WEBSITE. BY VIEWING THE CONTENTS OF THIS WEBSITE YOU AGREE THIS CONDITION OF VIEWING AND YOU ACKNOWLEDGE THAT ANY UNAUTHORIZED USE IS UNLAWFUL AND MAY SUBJECT YOU TO CIVIL OR CRIMINAL PENALTIES. AGAIN, VISITOR HAS NO RIGHTS WHATSOEVER TO USE THE CONTENT OF, OR PORTIONS THEREOF, INCLUDING ITS DATABASES, INVISIBLE PAGES, LINKED PAGES, UNDERLYING CODE, OR OTHER INTELLECTUAL PROPERTY THE SITE MAY CONTAIN, FOR ANY REASON FOR ANY USE WHATSOEVER. NOTHING. VISITOR AGREES TO LIQUIDATED DAMAGES IN THE AMOUNT OF U.S. $100,000 IN ADDITION TO COSTS AND ACTUAL DAMAGES FOR BREACH OF THIS PROVISION. VISITOR WARRANTS THAT HE OR SHE UNDERSTANDS THAT ACCEPTING THIS PROVISION IS A CONDITION OF VIEWING AND THAT VIEWING CONSTITUTES ACCEPTANCE
OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS WEBSITE
THE WEBSITE AND ITS CONTENTS ARE OWNED OR LICENSED BY THE WEBSITE. MATERIAL CONTAINED ON THE WEBSITE MUST BE PRESUMED TO BE PROPRIETARY AND COPYRIGHTED. VISITORS HAVE NO RIGHTS WHATSOEVER IN THE SITE CONTENT. USE OF WEBSITE CONTENT FOR ANY REASON IS UNLAWFUL UNLESS IT IS DONE WITH EXPRESS CONTRACT OR PERMISSION OF THE WEBSITE.
HYPERLINKING TO SITE, CO-BRANDING, “FRAMING” AND REFERENCING SITE PROHIBITED
UNLESS EXPRESSLY AUTHORIZED BY WEBSITE, NO ONE MAY HYPERLINK THIS SITE, OR PORTIONS THEREOF, (INCLUDING, BUT NOT LIMITED TO, LOGOTYPES, TRADEMARKS, BRANDING OR COPYRIGHTED MATERIAL) TO THEIRS FOR ANY REASON. FURTHER, YOU ARE NOT ALLOWED TO REFERENCE THE URL (WEBSITE ADDRESS) OF THIS WEBSITE IN ANY COMMERCIAL OR NON-COMMERCIAL MEDIA WITHOUT EXPRESS PERMISSION, NOR ARE YOU ALLOWED TO ‘FRAME' THE SITE. YOU SPECIFICALLY AGREE TO COOPERATE WITH THE WEBSITE TO REMOVE OR DE-ACTIVATE ANY SUCH ACTIVITIES AND BE LIABLE FOR ALL DAMAGES. YOU HEREBY AGREE TO LIQUIDATED DAMAGES OF US$100,000.00 PLUS COSTS AND ACTUAL DAMAGES FOR VIOLATING THIS PROVISION
DISCLAIMER FOR CONTENTS OF SITE
THE WEBSITE DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY OF THE CONTENT OF THIS WEBSITE. VISITORS ASSUME THE ALL RISK OF VIEWING, READING, USING, OR RELYING UPON THIS INFORMATION. UNLESS YOU HAVE OTHERWISE FORMED AN EXPRESS CONTRACT TO THE CONTRARY WITH THE WEBSITE, YOU HAVE NO RIGHT TO RELY ON ANY INFORMATION CONTAINED HEREIN AS ACCURATE. THE WEBSITE MAKES NO SUCH WARRANTY.
DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING WITH THIS WEBSITE OR ITS CONTENTS. VISITOR ASSUMES ALL RISK OF VIRUSES, WORMS, OR OTHER CORRUPTING FACTORS.
THE WEBSITE ASSUMES NO RESPONSIBILITY FOR DAMAGE TO COMPUTERS OR SOFTWARE OF THE VISITOR OR ANY PERSON THE VISITOR SUBSEQUENTLY COMMUNICATES WITH FROM CORRUPTING CODE OR DATA THAT IS INADVERTENTLY PASSED TO THE VISITOR'S COMPUTER. AGAIN, VISITOR VIEWS AND INTERACTS WITH THIS SITE, OR BANNERS OR POP-UPS OR ADVERTISING DISPLAYED THEREON, AT HIS OWN RISK.
DISCLAIMER FOR HARM CAUSED BY DOWNLOADS
VISITOR DOWNLOADS INFORMATION FROM THIS SITE AT THIS OWN RISK. WEBSITE MAKES NO WARRANTY THAT DOWNLOADS ARE FREE OF CORRUPTING COMPUTER CODES, INCLUDING, BUT NOT LIMITED TO, VIRUSES AND WORMS.
LIMITATION OF LIABILITY
BY VIEWING, USING, OR INTERACTING IN ANY MANNER WITH THIS SITE, INCLUDING BANNERS, ADVERTISING, OR POP-UPS, DOWNLOADS, AND AS A CONDITION OF THE WEBSITE TO ALLOW HIS LAWFUL VIEWING, VISITOR FOREVER WAIVES ALL RIGHT TO CLAIMS OF DAMAGE OF ANY AND ALL DESCRIPTION BASED ON ANY CAUSAL FACTOR RESULTING IN ANY POSSIBLE HARM, NO MATTER HOW HEINOUS OR EXTENSIVE, WHETHER PHYSICAL OR EMOTIONAL, FORESEEABLE OR UNFORESEEABLE, WHETHER PERSONAL OR BUSINESS IN NATURE.
INDEMNIFICATION
VISITOR AGREES THAT IN THE EVENT HE CAUSES DAMAGE, WHICH THE WEBSITE IS REQUIRED TO PAY FOR, THE VISITOR, AS A CONDITION OF VIEWING, PROMISES TO REIMBURSE THE WEBSITE FOR ALL.
SUBMISSIONS
VISITOR AGREES AS A CONDITION OF VIEWING, THAT ANY COMMUNICATION BETWEEN VISITOR AND WEBSITE IS DEEMED A SUBMISSION. ALL SUBMISSIONS, INCLUDING PORTIONS THEREOF, GRAPHICS CONTAINED THEREON, OR ANY OF THE CONTENT OF THE SUBMISSION, SHALL BECOME THE EXCLUSIVE PROPERTY OF THE WEBSITE AND MAY BE USED, WITHOUT FURTHER PERMISSION, FOR COMMERCIAL USE WITHOUT ADDITIONAL CONSIDERATION OF ANY KIND. VISITOR AGREES TO ONLY COMMUNICATE THAT INFORMATION TO THE WEBSITE, WHICH IT WISHES TO FOREVER ALLOW THE WEBSITE TO USE IN ANY MANNER AS IT SEES FIT. SUBMISSIONS” IS ALSO A PROVISION OF THE PRIVACY POLICY
NOTICE
NO ADDITIONAL NOTICE OF ANY KIND FOR ANY REASON IS DUE VISITOR AND VISITOR EXPRESSLY WARRANTS AN UNDERSTANDING THAT THE RIGHT TO NOTICE IS WAIVED AS A CONDITION FOR PERMISSION TO VIEW OR INTERACT WITH THE WEBSITE.
DISPUTES
AS PART OF THE CONSIDERATION THAT THE WEBSITE REQUIRES FOR VIEWING, USING OR INTERACTING WITH THIS WEBSITE, VISITOR AGREES TO USE BINDING ARBITRATION FOR ANY CLAIM, DISPUTE, OR CONTROVERSY (“CLAIM”) OF ANY KIND (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS PURCHASE, THIS PRODUCT, INCLUDING SOLICITATION ISSUES, PRIVACY ISSUES, AND TERMS OF USE ISSUES.ARBITRATION SHALL BE CONDUCTED PURSUANT TO THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION WHICH ARE IN EFFECT ON THE DATE A DISPUTE IS SUBMITTED TO THE AMERICAN ARBITRATION ASSOCIATION. INFORMATION ABOUT THE AMERICAN ARBITRATION ASSOCIATION, ITS RULES, AND ITS FORMS ARE AVAILABLE FROM THE AMERICAN ARBITRATION ASSOCIATION, 335 MADISON AVENUE, FLOOR 10, NEW YORK, NEW YORK, 10017-4605. HEARING WILL TAKE PLACE IN THE CITY OR COUNTY OF THE SELLER.IN NO CASE SHALL THE VIEWER, VISITOR, MEMBER, SUBSCRIBER OR CUSTOMER HAVE THE RIGHT TO GO TO COURT OR HAVE A JURY TRIAL. VIEWER, VISITOR, MEMBER, SUBSCRIBER OR CUSTOMER WILL NOT HAVE THE RIGHT TO ENGAGE IN PRE-TRIAL DISCOVERY EXCEPT AS PROVIDED IN THE RULES; YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION; THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING WITH LIMITED RIGHTS OF APPEAL.THE PREVAILING PARTY SHALL BE REIMBURSED BY THE OTHER PARTY FOR ANY AND ALL COSTS ASSOCIATED WITH THE DISPUTE ARBITRATION, INCLUDING ATTORNEY FEES, COLLECTION FEES, INVESTIGATION FEES, TRAVEL EXPENSES
JURISDICTION AND VENUE
IF ANY MATTER CONCERNING THIS PURCHASE SHALL BE BROUGHT BEFORE A COURT OF LAW, PRE- OR POST-ARBITRATION, VIEWER, VISITOR, MEMBER, SUBSCRIBER OR CUSTOMER AGREES TO THAT THE SOLE AND PROPER JURISDICTION TO BE THE STATE AND CITY DECLARED IN THE CONTACT INFORMATION OF THE WEB OWNER UNLESS OTHERWISE HERE SPECIFIED. IN THE EVENT THAT LITIGATION IS IN A FEDERAL COURT, THE PROPER COURT SHALL BE THE CLOSEST FEDERAL COURT TO THE SELLER'S ADDRESS
APPLICABLE LAW
VIEWER, VISITOR, MEMBER, SUBSCRIBER OR CUSTOMER AGREES THAT THE APPLICABLE LAW TO BE APPLIED SHALL, IN ALL CASES, BE THAT OF THE STATE OF THE SELLER.
Privacy Policy
THIS PRIVACY POLICY SETS OUT HOW THIS WEBSITE USES AND PROTECTS ANY INFORMATION THAT YOU SUBMIT WHEN YOU USE THIS WEBSITE. THIS WEBSITE MAY CHANGE THIS POLICY FROM TIME TO TIME BY UPDATING THIS PAGE. YOU SHOULD CHECK THIS PAGE FROM TIME TO TIME TO ENSURE THAT YOU ARE HAPPY WITH ANY CHANGES. THIS POLICY IS EFFECTIVE FROM JAN 1ST, 2010.
WHAT WE COLLECT
NAME, EMAIL ADDRESS, DEMOGRAPHIC INFORMATION SUCH AS POSTCODE, PREFERENCES AND INTERESTS, INFORMATION RELEVANT TO CUSTOMER SURVEYS AND/OR OFFERS.
WHAT WE DO WITH THE INFORMATION WE GATHER
WE REQUIRE THIS INFORMATION TO UNDERSTAND YOUR NEEDS AND PROVIDE YOU WITH A BETTER SERVICE, AND IN PARTICULAR FOR THE FOLLOWING REASONS:
- INTERNAL RECORD KEEPING.
- WE MAY USE THE INFORMATION TO IMPROVE OUR PRODUCTS AND SERVICES.
- WE MAY PERIODICALLY SEND PROMOTIONAL EMAIL ABOUT NEW PRODUCTS, SPECIAL OFFERS OR OTHER INFORMATION WHICH WE - THINK YOU MAY FIND INTERESTING USING THE EMAIL ADDRESS WHICH YOU HAVE PROVIDED.
- FROM TIME TO TIME, WE MAY ALSO USE YOUR INFORMATION TO CONTACT YOU FOR MARKET RESEARCH PURPOSES.
- WE MAY CONTACT YOU BY EMAIL, PHONE, FAX OR MAIL.WE MAY USE THE INFORMATION TO CUSTOMIZE THE WEBSITE ACCORDING TO YOUR INTERESTS.
SECURITY
WE ARE COMMITTED TO ENSURING THAT YOUR INFORMATION IS SECURE. IN ORDER TO PREVENT UNAUTHORIZED ACCESS OR DISCLOSURE WE HAVE PUT IN PLACE SUITABLE PHYSICAL, ELECTRONIC AND MANAGERIAL PROCEDURES TO SAFEGUARD AND SECURE THE INFORMATION WE COLLECT ONLINE.
HOW WE USE COOKIES
A COOKIE IS A SMALL FILE WHICH ASKS PERMISSION TO BE PLACED ON YOUR COMPUTER'S HARD DRIVE. ONCE YOU AGREE, THE FILE IS ADDED AND THE COOKIE HELPS ANALYZE WEB TRAFFIC OR LETS YOU KNOW WHEN YOU VISIT A PARTICULAR SITE. COOKIES ALLOW WEB APPLICATIONS TO RESPOND TO YOU AS AN INDIVIDUAL. THE WEB APPLICATION CAN TAILOR ITS OPERATIONS TO YOUR NEEDS, LIKES AND DISLIKES BY GATHERING AND REMEMBERING INFORMATION ABOUT YOUR PREFERENCES.
WE USE TRAFFIC LOG COOKIES TO IDENTIFY WHICH PAGES ARE BEING USED. THIS HELPS US ANALYZE DATA ABOUT WEB PAGE TRAFFIC AND IMPROVE OUR WEBSITE IN ORDER TO TAILOR IT TO CUSTOMER NEEDS. WE ONLY USE THIS INFORMATION FOR STATISTICAL ANALYSIS PURPOSES AND THEN THE DATA IS REMOVED FROM THE SYSTEM.
OVERALL, COOKIES HELP US PROVIDE YOU WITH A BETTER WEBSITE, BY ENABLING US TO MONITOR WHICH PAGES YOU FIND USEFUL AND WHICH YOU DO NOT. A COOKIE IN NO WAY GIVES US ACCESS TO YOUR COMPUTER OR ANY INFORMATION ABOUT YOU, OTHER THAN THE DATA YOU CHOOSE TO SHARE WITH US.
YOU CAN CHOOSE TO ACCEPT OR DECLINE COOKIES. MOST WEB BROWSERS AUTOMATICALLY ACCEPT COOKIES, BUT YOU CAN USUALLY MODIFY YOUR BROWSER SETTING TO DECLINE COOKIES IF YOU PREFER. THIS MAY PREVENT YOU FROM TAKING FULL ADVANTAGE OF THE WEBSITE.
PERSONS UNDER 18 YEARS OF AGE ARE EXCLUDED FROM THIS WEBSITE
THIS WEBSITE IS NOT LAWFULLY ACCESSIBLE TO PERSONS UNDER THE AGE OF 18 OR WHO ARE OTHERWISE COVERED BY THE PROVISIONS OF THE CHILD ONLINE PRIVACY ACT OF 1998 (COPA). IF YOU ARE UNDER THE AGE OF 18 YOU MUST LEAVE THIS SITE IMMEDIATELY. FRAUDULENT USE OF THIS WEBSITE MAY MAKE YOU SUBJECT TO CIVIL OR CRIMINAL SANCTIONS.
LINKS TO OTHER WEBSITES
OUR WEBSITE MAY CONTAIN LINKS TO ENABLE YOU TO VISIT OTHER WEBSITES OF INTEREST EASILY. HOWEVER, ONCE YOU HAVE USED THESE LINKS TO LEAVE OUR SITE, YOU SHOULD NOTE THAT WE DO NOT HAVE ANY CONTROL OVER THAT OTHER WEBSITE. THEREFORE, WE CANNOT BE RESPONSIBLE FOR THE PROTECTION AND PRIVACY OF ANY INFORMATION WHICH YOU PROVIDE WHILST VISITING SUCH SITES AND SUCH SITES ARE NOT GOVERNED BY THIS PRIVACY STATEMENT. YOU SHOULD EXERCISE CAUTION AND LOOK AT THE PRIVACY STATEMENT APPLICABLE TO THE WEBSITE IN QUESTION.
YOUR PERSONAL INFORMATION
WE WILL NOT SELL, DISTRIBUTE OR LEASE YOUR PERSONAL INFORMATION TO THIRD PARTIES UNLESS WE HAVE YOUR PERMISSION OR ARE REQUIRED BY LAW. WE MAY USE YOUR PERSONAL INFORMATION TO SEND YOU PROMOTIONAL INFORMATION ABOUT THIRD PARTIES WHICH WE THINK YOU MAY FIND INTERESTING IF YOU TELL US THAT YOU WISH THIS TO HAPPEN.
YOU MAY REQUEST DETAILS OF PERSONAL INFORMATION WHICH WE HOLD ABOUT YOU UNDER THE DATA PROTECTION ACT 1998. A SMALL FEE WILL BE PAYABLE. IF YOU WOULD LIKE A COPY OF THE INFORMATION HELD ON YOU PLEASE CONTACT US HERE.
IF YOU BELIEVE THAT ANY INFORMATION WE ARE HOLDING ON YOU IS INCORRECT OR INCOMPLETE, PLEASE WRITE TO OR EMAIL US AS SOON AS POSSIBLE, AT THE ABOVE ADDRESS. WE WILL PROMPTLY CORRECT ANY INFORMATION FOUND TO BE INCORRECT.
QUESTIONS, COMMENTS, OR REPORT OF INCIDENTS
YOU MAY DIRECT QUESTIONS, COMMENTS OR REPORTS TO US BY VISITING OUR CUSTOMER SUPPORT PAGE.
REVISIONS TO THIS PRIVACY POLICY WITHOUT NOTICE
THIS PRIVACY POLICY IS DYNAMIC. IT WILL CONTINUALLY CHANGE. YOU MAY NOT ASSUME THAT IT REMAINS THE SAME AND YOU AGREE TO CHECK THE POLICY EACH TIME YOU VISIT THE SITE FOR CHANGES. UNLESS, IN THE SOLE OPINION OF THE WEBSITE, THIS POLICY CHANGES SO DRASTICALLY AS TO SUGGEST A POSTED NOTIFICATION ON THE SITE OR VIA EMAIL, YOU WILL RECEIVE NO NOTIFICATION OF CHANGES TO THIS PRIVACY POLICY NOR, UNDER ANY CIRCUMSTANCES, DOES THIS SITE PROMISE NOTIFICATION. YOUR CONTINUED USE OF THIS SITE ALWAYS EVIDENCES YOUR ACCEPTANCE OF THE TERMS THIS PRIVACY POLICY OR ANY MODIFICATIONS.
Purchase Agreement
THIS AGREEMENT IS A CONTRACT. UNDER THE TERMS OF THE CONTRACT YOU RECEIVE CERTAIN RIGHTS DUE TO YOU FROM THE SELLER AND YOU, IN TURN, GIVE THE SELLER CERTAIN RIGHTS THAT AFFECT YOU. THIS CONTRACT ALSO CONTAINS PROVISIONS THAT DELINEATE AND RESTRICT YOUR RIGHTS ABOUT REFUND AND WARRANTY AND THAT LIMIT THE LIABILITY OF THE SELLER. YOU MUST ACCEPT THESE TERMS OR THE SELLER WILL NOT TRANSACT BUSINESS WITH YOU OR SELL A PRODUCT, SERVICE OR MEMBERSHIP TO YOU, AND YOUR ORDER WILL NOT BE PROCESSED IF YOU DO NOT ACCEPT THESE TERMS.
YOUR PLEDGE OF AN UNDERSTANDING OF THIS CONTRACT AND ACCEPTANCE OF THE RIGHTS, DUTIES, AND LIMITATIONS EMBODIED IN IT, IS A MATERIAL PART OF THE LEGAL CONSIDERATION THAT THE SELLER REQUIRES FROM YOU AS A CONDITION OF SALE.
PARTIES TO THIS AGREEMENT AND DISCLAIMER
THE PARTIES TO THIS AGREEMENT ARE THE WEBSITE OR ITS OWNERS, HEREAFTER “SELLER,” AND YOU, THE PROSPECTIVE PURCHASER, HEREAFTER “BUYER”. PERSONS OR ENTITIES WHO ARE NOT PARTICIPANTS IN THIS CONTRACT BUT WHO HAVE AN INDIRECT RELATIONSHIP, SUCH AS A SUPPLIER, JOINT VENTURE PARTNER, MEMBERSHIP ORGANIZATION, OR SALES AFFILIATE, ARE HEREIN DESCRIBED AS “THIRD PARTY OR THIRD PARTIES.” THE RECIPIENT OF THE PRODUCT HEREIN SOLD, WHERE SAID PRODUCT IS ORDERED BY AND PAID FOR BY SOMEONE OTHER THAN THE RECIPIENT, IS CLASSIFIED HEREIN AS IF THAT RECIPIENT WERE THE ORDERING BUYER WITH THE SAME RIGHTS, DUTIES, AND OBLIGATIONS AS THE BUYER, BUT MAY ALSO BE REFERRED TO HEREIN AS ‘RECIPIENT”.
SUBJECT MATTER OF THIS PURCHASE AGREEMENT
THE SUBJECT MATTER OF THIS AGREEMENT IS A PRODUCT, SERVICE, OR MEMBERSHIP DESCRIBED IN PROMOTIONAL OR SALES MATERIALS ON THIS WEBSITE AND/OR IN AN EMAIL REFERENCING THIS WEBSITE, AND SAID WEBSITE AND/OR EMAIL AND ITS CONTENTS ARE INCORPORATED HEREIN BY REFERENCE AND MADE A PART HEREOF AND CONSTITUTE A COMPLETE DESCRIPTION OF THE PRODUCT, SERVICE OR MEMBERSHIP THAT IS THE SUBJECT MATTER OF THIS PURCHASE AGREEMENT. THIS BUNDLE OF OFFERINGS, INCLUDING ADDITIONAL ITEMS PROMOTED ON THE ORDER PAGE, SHALL, TOGETHER, BE TERMED ‘PRODUCT' THROUGHOUT THIS AGREEMENT BUT THE WORD ‘PRODUCT' SHALL MEAN ALL ELEMENTS OFFERED IN THE SALE, WHETHER DIGITAL, DIMENSIONAL, OR OTHER LICENSE OR RIGHT, AND INCLUDE ALL SALES OR PROMOTIONAL MATERIALS.
REFUND POLICY
THE PRODUCT, SERVICE OR MEMBERSHIP REFERENCED HEREIN IS SOLD WITH A 30 DAY ‘NO QUESTIONS ASKED' MONEY BACK GUARANTEE*. IF THE PRODUCT IS OTHER THAN AN E-PRODUCT OR DIGITAL PRODUCT, THE PRODUCT MUST BE RETURNED DURING THE REFUND PERIOD TO THE SHIPPING ADDRESS PROVIDED WITH THE PRODUCT. THE BURDEN IS ON THE BUYER TO PROVE THAT THE PRODUCT WAS IN FACT RETURNED TO THAT ADDRESS. CANCELLATION OF A MEMBERSHIP OR REQUEST FOR REFUND OF A DIGITAL PRODUCT DELIVERED OVER THE INTERNET MUST BE NOTICED TO THE CONTACT ADDRESS IN THIS PURCHASE AGREEMENT. THE BUYER UNDERSTANDS THAT ALL RIGHTS TO VIEW THE PRODUCT AND ALL LICENSE OR RESALE RIGHTS TERMINATE WHEN THE PRODUCT IS RETURNED FOR A REFUND. (SELLING OF A PRODUCT IN WHICH YOU HAVE NO OWNERSHIP INTEREST OR RESALE LICENSE RIGHTS IS A CRIME AS WELL AS BREACH OF THIS AGREEMENT.) GIVING THE BUYER A REFUND DURING THE REFUND PERIOD IS THE FULL AND COMPLETE LIABILITY THAT THE SELLER OF THIS PRODUCT, SERVICE OR MEMBERSHIP HAS TO THE BUYER. BUYER AGREES THAT THE LENGTH OF THE REFUND PERIOD IS REASONABLE AND FURTHER AGREES TO EXAMINE, READ, AND TRY THE PRODUCT, SERVICE OR MEMBERSHIP DURING THE 30 DAY REFUND PERIOD AS A MATERIAL CONSIDERATION REQUIRED BY THE SELLER AS PART OF THE PURCHASE PRICE. BUYER FURTHER WARRANTS THAT HE OR SHE WILL MAKE A DETERMINATION DURING THE 30 DAY REFUND PERIOD IF THE PRODUCT IS AS DESCRIBED AND TO DECIDE WHETHER THE BUYER WISHES TO KEEP THE PRODUCT. IF THE BUYER DOES NOT CONTACT THE SELLER DURING THE REFUND PERIOD, BUYER AGREES THAT THE SELLER MAY CONSTRUE SILENCE AS A FULL, COMPLETE AND FINAL ACCEPTANCE OF THE PRODUCT, SERVICE OR MEMBERSHIP WITH NO FURTHER RIGHT OF REDRESS OR REFUND FOR ANY REASON DUE THE BUYER.
FURTHER DESCRIPTION OF THE PRODUCT, SERVICE OR MEMBERSHIP
BUYER WARRANTS AN UNDERSTANDING THAT THE PRODUCT, SERVICE OR MEMBERSHIP MAY ACTUALLY BE COMPRISED OF DIFFERENT ELEMENTS. FOR EXAMPLE, A DIGITAL OR SO-CALLED E-BOOK MAY ALSO COME IN CD OR PRINTED FORMAT, AND THAT THE DIGITAL PRODUCT MAY ALSO BE PART OF A SERVICE OR A MEMBERSHIP. ADDITIONALLY, THE PRODUCT, SERVICE OR MEMBERSHIP MAY COME WITH THE RIGHT TO SUB-LICENSE OR RE-SELL THE PRODUCT. HOWEVER, UNLESS SPECIFIED IN THE SALES AND PROMOTIONAL MATERIALS AND UNLESS ALL CONDITIONS ARE MET, THE BUYER HAS NO LICENSE, PERMISSION OR RIGHT TO DUPLICATED OR SELL THIS PRODUCT IN ANY FORM OR TO SELL IT OR DISTRIBUTE IT WHETHER FOR PROFIT OR NOT TO ANY PERSON FOR ANY REASON.
RIGHTS AND OBLIGATIONS OF THE BUYER
THE BUYER MUST PAY THE FULL CONSIDERATION FOR THIS PRODUCT THAT THE SELLER REQUIRES AS THE TOTAL PRICE OF THE PRODUCT. THIS CONSIDERATION INCLUDES NOT ONLY THE PURCHASE PRICE, BUT OTHER OBLIGATIONS THAT THE BUYER ACCEPTS AS WELL AS POTENTIAL RIGHTS THE BUYER AGREES TO FOREGO. BY ACCEPTING THIS PURCHASE AGREEMENT, THE BUYER AGREES TO RECEIVE CONTINUING FOLLOW-UP CONTACT FROM THE SELLER INCLUDING EMAIL, MAIL, NEWSLETTERS, PRODUCT UPDATES, PRODUCT RECALL NOTICES, PRODUCT IMPROVEMENTS, TELEPHONE CALLS FROM THE SELLER AND/OR TELEMARKETING ORGANIZATIONS AND/OR POLLSTERS FOR THE PURPOSE OF SOLICITATION RELATED TO THE INSTANT PRODUCT OR ANY OTHER PRODUCT OR SERVICE. BUYER AGREES TO POST-SALE CONTACT FROM JOINT VENTURE PARTNERS OF THE SELLER OR FROM OTHERS WHO HAVE A COMMERCIAL RELATIONSHIP WITH THE SELLER. BUYER AGREES THAT ALL PERSONAL INFORMATION ABOUT THE BUYER OR HIS OR HER BUYING HABITS AND PREFERENCES, INCLUDING ADDRESS AND PHONE NUMBER, MAY BE PLACED IN A GENERAL DATABASE. HOWEVER, BUYER SHALL AT ALL TIMES BE FULLY EMPOWERED TO SEVER CONTACT WITH THE SELLER BY NOTIFICATION USING THE ‘UNSUBSCRIBE' LINK IN SOLICITATIONS. MOREOVER, THE BUYER RETAINS THE RIGHT TO REFUSE SPECIFIC CONTACT WITH SOME THIRD PARTY SOLICITORS AND MAINTAIN IT WITH OTHERS. THE BUYER RETAINS THE RIGHT TO HAVE HIS OR HER NAME REMOVED FROM A GENERAL SOLICITATION DATABASE. THE BUYER'S AGREEMENT TO ACCEPT SOLICITATION AND CONTACT MAY BE REDUCED, ENHANCED, LIMITED OR TERMINATED BY NOTIFICATION TO ANYONE CONTACTING THE BUYER. THE BURDEN IS ON THE BUYER TO PROVE THAT SUCH COMMUNICATION WAS MADE TO AND RECEIVED BY THE PERSON MAKING CONTACT. BUYER AGREES THAT SELLER IS NOT LIABLE FOR COMMUNICATIONS MADE TO THE BUYER BY PARTIES UNRELATED TO THIS PURCHASE EVEN THOUGH REFERRED BY THE SELLER. BUYER ACCEPTS FULL RESPONSIBILITY FOR LIMITING UNSOLICITED CONTACT AND BUYER UNDERSTANDS THAT HE RETAINS ALL RIGHTS TO DIRECTLY RESTRICT COMMUNICATION OR SOLICITATION FROM ANY PARTY INCLUDING THE SELLER.
THE BUYER AGREES TO ALLOW THE SELLER TO COLLECT, STORE, AND USE FOR MARKETING PURPOSES ALL INFORMATION COLLECTED FROM, PROVIDED BY OR OTHERWISE ASCERTAINED BY ELECTRONIC MEANS FROM THE BUYER. THE BUYER, SPECIFICALLY, AND AS PART OF THE CONSIDERATION PAID FOR THIS PRODUCT, WAIVES ALL RIGHT TO ACCESS, RETRIEVE, OR CONTROL SUCH INFORMATION EXCEPT THAT THE BUYER RETAINS THE RIGHT TO RESTRICT CONTACT AS DESCRIBED PREVIOUSLY.
THE BUYER UNDERSTANDS THAT COOKIES WILL BE PLACED ON HIS OR HER HARD DRIVE THAT WILL PROVIDE INFORMATION TO THE SELLER AND WHICH ARE NECESSARY FOR DELIVERING AN E-PRODUCT AND WHICH WILL BE ABLE TO DETERMINE IF YOU RETAIN THE RIGHT TO ACCESS THE PRODUCT. BUYER UNDERSTANDS THAT THESE COOKIES OR OTHER COMPUTER CODES WILL RESIDE ON THE HARD DRIVE AND WILL COMMUNICATE AT TIMES WITH THE SELLER'S COMPUTER AND THEREBY TRANSMIT AND RECEIVE INFORMATION.
BUYERS LIVING IN LOCATIONS THAT REQUIRE CUSTOM DUTIES AND/OR VAT TAXES TO BE COLLECTED UNDERSTAND THAT, UNLESS CUSTOM DUTIES ARE COLLECTED AT THE POINT OF SALE BY THE SELLER, THE BUYER REMAINS RESPONSIBLE FOR PAYMENT OF CUSTOM DUTIES AND TAXES AT THE TIME THE PRODUCT IS RECEIVED. IF IT SHOULD HAPPEN THAT THE SELLER'S COURIER OR FREIGHT ACCOUNT IS CHARGED FOR CUSTOM DUTIES AND TAX, INSTEAD OF THE BUYER PAYING REFERENCED CHARGES, THEN THE BUYER HEREBY AUTHORIZES THE SELLER TO BILL THE BUYER'S CREDIT CARD FOR SAID CHARGES OR FOR THE RETURN OF GOODS IF THEY ARE REFUSED AT THE POINT OF DESTINATION.
CREDIT CARD CHARGES AND CREDIT CARD FRAUD PENALTIES
BUYER WARRANTS THAT HE OR SHE IS OVER 18 YEARS OF AGE, NOT SUBJECT TO THE CHILD ONLINE PRIVACY ACT, OF LEGAL AGE TO ENTER INTO CONTRACTUAL AGREEMENTS IN THE STATE IN WHICH HE IS PRESENT WHEN HE MAKES THIS PURCHASE, AND IS THE TRUE AND AUTHORIZED OWNER OF THE CREDIT CARD USED TO MAKE THIS PURCHASE. ANY BUYER WHO VIOLATES ANY OF THESE REQUIREMENTS MAY BE LIABLE FOR CIVIL OR CRIMINAL PROSECUTION AND AGREES TO PAY LIQUIDATED DAMAGES OF AN AMOUNT THE EQUIVALENT OF US$10,000 PER FRAUDULENT TRANSACTION, PLUS ACTUAL DAMAGES, AND AGREES THAT ALL INFORMATION COLLECTED BY THIS WEBSITE MAY BE USED FOR PROSECUTION AND MAY BE TURNED OVER TO LAW ENFORCEMENT AGENCIES OR TO CREDIT CARD COMPANIES AND MERCHANT SERVICE PROVIDERS.
IF THE TRUE AND/OR AUTHORIZED OWNER OF THE CREDIT CARD ATTEMPTS TO COMMIT FRAUD UPON THE SELLER, HE AUTHORIZES EACH AND EVERY CREDIT CARD COMPANY OR MERCHANT SERVICE PROVIDER TO DISCLOSE TO THE SELLER ALL INFORMATION THAT COULD BE CONSTRUED AS PROOF OF CREDIT CARD FRAUD.
ANY BUYER WHO ATTEMPTS TO PERPETRATE A FRAUD UPON SELLER INVOLVING THE USE OF A CREDIT CARD HEREWITH GIVES AUTHORIZATION FOR THE SELLER TO ACCESS ALL CREDIT INFORMATION ABOUT THE BUYER FROM CREDIT REPORTING AGENCIES AND ALSO AUTHORIZES THE SELLER TO DISCOVER ALL RELEVANT INFORMATION FROM ANY SOURCE ABOUT THE FRAUDULENT PRACTICES OF THE BUYER AND TO REVEAL SUCH INFORMATION TO CREDIT REPORTING AGENCIES, CREDIT CARD COMPANIES, MERCHANT SERVICE PROVIDERS, AND LAW ENFORCEMENT AGENCIES.
BUYER AGREES THAT IF HE USES TRICKERY TO RECEIVE MORE THAN ONE REFUND, OR IF HE CAUSES A FRAUDULENT DISPUTE CLAIM THAT RESULTS IN A CHARGEBACK AGAINST THE SELLER'S ACCOUNT, THAT THE SELLER IS AUTHORIZED TO RE-CHARGE THE BUYER'S CREDIT CARD THAT WAS USED FOR THE ORIGINAL PURCHASE TO THE EXTENT THAT WILL MAKE THE SELLER WHOLE. BUYER AGREES TO, IN ADDITION TO ACTUAL DAMAGES, PAY TO THE SELLER LIQUIDATED DAMAGES OF AN AMOUNT EQUIVALENT TO US$10,000 FOR EVERY SEPARATE FRAUDULENT ACTION BUYER COMMITS.
GUARANTEE AND WARRANTY
THE PRODUCTS AND SERVICES ARE SOLD ‘AS IS' WITHOUT WARRANTY OR GUARANTEE OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING NO WARRANTY AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE SELLER WARRANTS AND GUARANTEES ABSOLUTELY NOTHING. THERE IS NO ‘WARRANTY PERIOD.'
HOWEVER, IN THE EVENT THAT THE BUYER CLAIMS THAT THE PRODUCT IS DEFECTIVE, THE SOLE REMEDY TO THE BUYER IS TO ACCEPT A REPLACEMENT PRODUCT OR A REFUND. THE PERIOD FOR THE BUYER TO DETERMINE IF THE PRODUCT IS DEFECTIVE AND REQUEST A REPLACEMENT OR REFUND IS 30 DAYS FROM THE DATE OF THE ORDER. DURING THIS 30 DAY PERIOD, THE BUYER MAY REQUEST AND WILL RECEIVE A REFUND FOR ANY REASON. DURING THIS 30 DAY PERIOD, BUYER MAY REQUEST A REPLACEMENT PRODUCT IN LIEU OF A REFUND BUT SELLER IS UNDER NO OBLIGATION, FOR ANY REASON, TO DO ANYTHING MORE THAN REFUND THE PURCHASE PRICE.
IF THE SALES OR PROMOTIONAL MATERIAL CONFLICT WITH THIS “AS IS” WARRANTY, THEN THE SALES AND PROMOTIONAL MATERIAL ARE HEREWITH INCORPORATED AND SHALL BE CONTROLLING. HOWEVER, IN NO CASE, SHALL THE WARRANTY PERIOD BE CONSTRUED TO BE LONGER THAN THE REFUND PERIOD.
IF THE BUYER IS PURCHASING A MEMBERSHIP IN THIS SITE, THE TERMS OF MEMBERSHIP AS SPECIFIED IN THE SOLICITATION MATERIALS ARE CONTROLLING. IF THE BUYER IS PURCHASING, THROUGH THIS SITE, A PRODUCT, INCLUDING MEMBERSHIP, THAT IS TO BE PROVIDED BY A THIRD PARTY, THE BUYER MUST LOOK TO THE THIRD PARTY FOR ADDITIONAL WARRANTIES OR GUARANTEES, AND UNDERSTANDS THAT THE WARRANTIES AVAILABLE THROUGH THIS SITE, IF ANY ARE OFFERED OR CONSTRUED, ARE EXTREMELY LIMITED, RESTRICTIVE, AND SHORT.
ASSUMPTION OF RISK
BUYER AGREES TO ACCEPT ALL RISK ASSOCIATED WITH THE USE OF THIS PRODUCT, INCLUDING BUT NOT LIMITED TO, INGESTION OF OR APPLICATION TO BUYER'S PERSON, THE USE OF THE PRODUCT PERSONALLY OR IN BUSINESS, ALL TAXES AND REGULATIONS APPLICABLE TO THIS PRODUCT, ALL LEGAL COMPLIANCE ISSUES RELATED TO THIS PRODUCT. BUYER WARRANTS AN UNDERSTANDING THAT THE SELLER IS DISCLAIMING ALL LIABILITY FROM HARM OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECT FROM THIS PRODUCT. BUYER AGREES, AS PART OF THE CONSIDERATION REQUIRED TO PURCHASE THIS PRODUCT, TO CAREFULLY REVIEW AND TEST THIS PRODUCT DURING THE REFUND PERIOD AND TO IMMEDIATELY REQUEST A REFUND IF THE PRODUCT IS NOT SATISFACTORY.
LIMITATION OF LIABILITY AND DISCLAIMER
BUYER WARRANTS AN UNDERSTANDING, AS REQUIRED CONSIDERATION, THAT THE SELLER OF THIS PRODUCT DISCLAIMS ALL LIABILITY FOR THE PRODUCT OR DAMAGES RESULTING FROM USE OR INSTALLATION OR RELIANCE UPON THIS PRODUCT FOR ANY REASON. BUYER ALONE ACCEPTS FULL RESPONSIBILITY FOR ALLOWING OTHERS TO USE THIS PRODUCT. BUYER UNDERSTANDS THAT SELLER DISCLAIMS LIABILITY FOR ANY INFORMATION CONTAINED IN SALES OR PROMOTIONAL MATERIALS OR THE PRODUCT ITSELF THAT IS UNINTENTIONALLY MISLEADING OR INCORRECT THAT MIGHT CAUSE DAMAGE TO BUYER.
BUYER EXPRESSLY WAIVES ANY AND ALL CLAIMS FOR CONSEQUENTIAL, SPECULATIVE, AND UNFORESEEABLE DAMAGES RESULTING FROM THE PURCHASE OR USE OF THIS PRODUCT OR FROM SUBSEQUENT CONTACT WITH SELLER OR THIRD PARTIES.
BUYER EXPRESSLY AGREES THAT NO MATTER WHAT MAY HAPPEN BECAUSE OF HIS OR HER PURCHASE OF THIS PRODUCT, OR NO MATTER WHAT DAMAGE MAY BE ALLEGEDLY OR ACTUALLY CAUSED BY THE USE OF THIS PRODUCT, OR NO MATTER THE HARM OR DAMAGE THAT MAY RESULT DIRECTLY OR INDIRECTLY FROM THE PURCHASE OF THIS PRODUCT, FOR ANY REASON WHATSOEVER, THAT THE ABSOLUTE MAXIMUM EXTENT OF SELLER'S LIABILITY SHALL BE AN AMOUNT NO GREATER THAN THE PURCHASE PRICE OF THE PRODUCT.
BUYER AGREES AND UNDERSTANDS THAT, SELLER, SPECIFICALLY BUT NOT EXCLUSIVELY, DISCLAIMS LIABILITY FOR ALL DAMAGE TO BUYER'S PERSON OR BUSINESS BY USING THIS PRODUCT, INCLUDING HARM TO BUYER'S COMPUTER HARDWARE OR SOFTWARE FROM WORMS, VIRUSES, OR OTHER DEFECTS IN THE PRODUCT OR COMPUTER CODES THAT CAUSE HARM. SELLER DISCLAIMS LIABILITY FOR BUYER'S INTERACTION WITH THIRD PARTY SOLICITING AGENTS WHO WERE PROVIDED ‘LEADS' BY THE SELLER.
SELLER DISCLAIMS LIABILITY FOR BUYER'S INTERACTIONS WITH ADVERTISERS ON THE SITE. SELLER DISCLAIMS LIABILITY FOR BUYER'S INTERACTION WITH OTHER VISITORS OR MEMBERS OF THE WEBSITE.
LIMITATION OF LIABILITY FROM ERRONEOUS PRODUCT CONTENT
BUYER AGREES THAT THE SELLER'S TOTAL LIABILITY, EVEN FOR ERRONEOUS PRODUCT CONTENT THAT CAUSES DAMAGE TO THE BUYER, SHALL BE LIMITED TO THE PURCHASE PRICE PAID FOR THE PRODUCT.
LIMITATION OF LIABILITY FROM HARM CAUSED BY THE PRODUCT
BUYER AGREES THAT THE SELLER'S TOTAL LIABILITY, EVEN FROM HARM CAUSED TO THE BUYER OR TO OTHERS FROM USE OF THE PRODUCT, SHALL BE LIMITED TO THE PURCHASE PRICE PAID FOR THE PRODUCT.
LIMITATION OF LIABILITY FROM ALL OTHER INJURIES OF ANY KIND
BUYER AGREES THAT THE SELLER'S TOTAL LIABILITY, FOR ANY OTHER INJURY, HARM, OR TORT OF ANY KIND, WHETHER FORESEEABLE OR UNFORESEEABLE, SHALL BE LIMITED TO THE PURCHASE PRICE PAID FOR THE PRODUCT.
LIMITATION ON THE LIABILITY LIMITATION
BUYER UNDERSTANDS THAT SOME STATES DO NOT ALLOW LIMITATION OF LIABILITY.
SPECIFIC DISCLAIMERS AS TO ‘RESULTS CLAIMS', ‘INCOME CLAIMS', OR ‘EARNINGS CLAIMS' IN SALES AND PROMOTIONAL MATERIALS OR PRODUCT IF CLAIMS ABOUT RESULTS FROM USING THIS PRODUCT OR IF CLAIMS ABOUT INCOME OR EARNINGS RESULTING FROM THE USE OF THIS PRODUCT ARE MADE, SUCH CLAIMS ARE TRUE FOR THE PERSONS WHO MADE THE CLAIMS, INCLUDING CLAIMS MADE BY THE SELLER ABOUT ITS OWN EXPERIENCE WITH THE PRODUCT.
HOWEVER, BUYER CANNOT SIMPLY RELY ON THESE STATEMENTS AS BEING DUPLICABLE BY BUYER BECAUSE MANY FACTORS AFFECT RESULTS, INCLUDING JUST DUMB LUCK. SOME PEOPLE BUY THIS PRODUCT TO MAKE MONEY AND, IN FACT, MAKE NO MONEY. SOME PEOPLE BUY THIS PRODUCT AND NEVER READ IT OR ATTEMPT TO IMPLEMENT ANY OF THE MONEYMAKING IDEAS. SOME FOLKS SEEMINGLY TAKE TO IT LIKE A DUCK TO WATER AND CAN'T STOP MAKING MONEY. NOTHING PROMOTED ON THIS WEBSITE SHOULD BE CONSTRUED AS A ‘GET RICH QUICK' SCHEME. THE PRODUCTS BUYER IS BUYING TO LEARN HOW TO MAKE MONEY OR PRODUCTS THAT BUYER IS BUYING TO RE-SELL, HAVE ALL BEEN PROVEN MONEY-MAKERS. THE INCOME AND EARNINGS STATEMENTS, IF ANY, TEND TO REFLECT THE MORE SUCCESSFUL CASES AND BUYER SHOULD NOT CONSTRUE THIS AS BEING THE ‘AVERAGE' OR USUAL SUCCESS STORY. AS IS TRUE IN MUCH OF LIFE, REAL SUCCESS USUALLY REQUIRES REAL WORK. LEARNING ABOUT THE INTERNET IS NOT TERRIBLE WORK AND IT CAN PRODUCE VERY LIVABLE INCOME IF BUYER IS WILLING TO LEARN HIS OR HER CRAFT AND WORK AT IT STEADILY. EVEN PART-TIME EFFORTS MAY BRING IN SOME EXTRA MONEY EACH MONTH. BUT IT REQUIRES LEARNING SKILLS THAT BUYER MAY NOT HAVE A BACKGROUND TO EASILY LEARN AND WILL CERTAINLY REQUIRE CONSTANT EDUCATION AND, PERHAPS, EVEN PSYCHOLOGICAL MOTIVATION TO KEEP BUYER DIRECTED TOWARD HIS OR HER GOALS.
IF THE PRODUCT BUYER IS PURCHASING IS A PHYSICAL PRODUCT PROMOTED FOR A PARTICULAR PURPOSE AND IF THE PROMOTIONAL MATERIALS MAKE CLAIMS ABOUT THE RESULTS FROM THE USE OF THIS PRODUCT, BUYER HEREBY WARRANTS HIS UNDERSTANDING THAT THERE EXISTS SOME PROBABILITY THAT THE PRODUCT WILL NOT DELIVER THOSE SAME RESULTS TO ANY PARTICULAR BUYER AND THAT THE REFUND OF THE PURCHASE PRICE (SUBJECT TO THE RETURN OF THE PRODUCT TO THE SELLER) IS THE FULL REMEDY FOR ANY BUYER WHO FEELS THE PRODUCT DID NOT DELIVER THE RESULTS CLAIMED.
IF THE PRODUCT BUYER IS PURCHASING IS A MEMBERSHIP OR A PRODUCT PLAN' THAT CLAIMS TO PRODUCE SPECIFIC BENEFITS OR RESULTS OR THAT OTHERWISE INVOLVES A RECURRING FEE, THE BUYER HAS A RIGHT TO TERMINATE THE MEMBERSHIP OR PLAN' UPON NOTICE TO THE SELLER. IN THIS CASE, THE PROMOTIONAL MATERIALS DESCRIBING THE MEMBERSHIP AND THE PLAN AND THE REMEDY FOR DISSATISFACTION SHALL BE CONTROLLING. IF THE PROMOTIONAL MATERIALS SAY THAT PART OF A FEE IS NOT REFUNDABLE, THEN IT IS NOT.
WHERE THIS DISCLAIMER AND CLAIMS MADE IN SALES AND PROMOTIONAL MATERIALS OR THE PRODUCT ARE IN CONFLICT, THIS PURCHASE AGREEMENT SHALL BE CONTROLLING EXCEPT, AND UNLESS, THE SELLER DELIBERATELY MISLED THE BUYER OR IF SUCH CONSTRUCTION WOULD CAUSE MATERIAL INEQUITY. THE SOLE BURDEN IS ON THE BUYER TO SUBSTANTIATE ANY DELIBERATE DECEPTION.
BUYER ACCEPTS THE OBLIGATION TO REIMBURSE THE SELLER FOR ALL COURT COSTS, INVESTIGATION COSTS, ATTORNEY FEES, AND ALL LITIGATION-RELATED COSTS IN THE EVENT BUYER BRINGS SUIT AGAINST THE SELLER AND DOES NOT PREVAIL IN COURT OR AT ARBITRATION.
NO WARRANTIES ARE MADE WHATSOEVER ABOUT THE AMOUNT OF MONEY, IF ANY, THAT BUYER WILL EARN FROM THIS MATERIAL OR PRODUCT OR SERVICE AND BUYER WARRANTS AN UNDERSTANDING THAT BUYER'S ONLY COURSE OF ACTION IS TO TEST THIS PRODUCT AND MATERIAL FOR THE EXTENT OF THE REFUND PERIOD AND REQUEST A REFUND IF BUYER IS NOT SATISFIED PRIOR TO ITS EXPIRATION.
BUYER, AGAIN, WARRANTS AN UNDERSTANDING THAT IN ANY EVENT, FOR ANY REASON, NO MATTER THE AMOUNT OF DAMAGES CLAIMED, AS A MATERIAL PART OF THE CONSIDERATION FOR PURCHASE OF THIS PRODUCT, THE MAXIMUM AMOUNT OF LIABILITY SHALL BE THE PURCHASE PRICE OF THE PRODUCT.
PRIVACY POLICY ACCEPTED
BUYER EXPRESSLY ACCEPTS THE TERMS OF THE PRIVACY POLICY OF SELLER'S WEBSITE.
TERMS OF USE ACCEPTED
BUYER EXPRESSLY ACCEPTS THE TERMS OF USE OF THE SELLER'S WEBSITE.
RIGHT TO PUBLISH SUBMISSIONS
BUYER AGREES THAT SELLER MAY PUBLISH FOR COMMERCIAL PURPOSES THE FULL OR PARTIAL CONTENT OF ANY AND ALL COMMUNICATION WITH BUYER AT THE SELLER'S SOLE DISCRETION.
INDEMNIFICATION
BUYER AGREES TO INDEMNIFY SELLER FOR ANY AND ALL DAMAGE THAT BUYER CAUSES BY USING THE PRODUCT OR INFORMATION CONTAINED ON THIS WEBSITE THAT RESULTS IN A DAMAGE AWARD AGAINST THE SELLER.
RIGHT TO STOP SELLING OR SERVICING PRODUCT OR MEMBERSHIP
BUYER AGREES THAT SELLER HAS THE RIGHT TO DISCONTINUE THE PRODUCT, THE SERVICE, THE MEMBERSHIP AT ANY TIME, SUBJECT ONLY TO THE 60 DAYS RETURN POLICY, WITHOUT NOTICE.
BUYER UNDERSTANDS THAT THE SELLER MAY DISCONTINUE AFFILIATE PROGRAMS UNDER THE TERMS OF THE AFFILIATE PROGRAM.BUYER UNDERSTANDS THAT THE SELLER MAY DISCONTINUE CUSTOMER SERVICE ON A PRODUCT OR SERVICE AT ANY TIME WITHOUT NOTICE.
CALIFORNIA RESIDENTS NOTE
YOU ARE ENTERING INTO A CONTRACT THAT MAY MODIFY, RESTRICT, OR ELIMINATE RIGHTS YOU MAY HAVE UNDER THE CALIFORNIA ONLINE PRIVACY PROTECTION ACT OF 2003 (OPPA). UNDER THE PRIVACY POLICY AND THIS PURCHASE AGREEMENT YOU WAIVE ANY RIGHT TO VIEW OR MODIFY THE CONTENT OF OUR DATABASE. YOU WAIVE ANY RIGHT TO FORCE THIS BUSINESS OR WEBSITE TO DIVULGE WHEN OR TO WHOM YOUR INFORMATION MAY HAVE BEEN PROVIDED TO THIRD PARTIES. IN THE EVENT THE WEBSITE ELECTS AT ITS SOLE DISCRETION TO RELEASE INFORMATION TO YOU, YOU MUST CLEARLY IDENTIFY YOURSELF TO THE WEBSITE AS THE NAMED CUSTOMER WHO HAS PREVIOUSLY PURCHASED FROM THE WEBSITE. WE ARE DOING THIS PROTECT INFORMATION BEING INADVERTENTLY PROVIDED TO FAKE CUSTOMERS WHO MAY HAVE INTENTIONS TO HARM THE REAL CUSTOMER. THE REQUIRED IDENTIFYING INFORMATION MAY INCLUDE CREDIT CARD INFO, SOCIAL SECURITY NUMBERS, NOTARIZED COPIES OF STATE ISSUED ID, OR OTHER ID SUFFICIENT TO ALLOW OUR COUNSEL TO FEEL COMFORTABLE ABOUT RELEASING INFORMATION – IN THE EVENT WE ELECT TO DIVULGE IT AT ALL. ADDITIONALLY, THIS PURCHASE AGREEMENT, AS PART OF THE CONSIDERATION REQUIRED TO PURCHASE FROM THIS WEBSITE, REQUIRES THAT YOU AGREE TO USE THE AMERICAN ARBITRATION ASSOCIATION EXCLUSIVELY IN ANY CLAIM ARISING FROM THE TERMS OF USE, PRIVACY POLICY, OR PURCHASE AGREEMENT, AND NOT THE COURTS OF THE STATE OF CALIFORNIA. THE CUSTOMER ALSO AGREES, AS PART OF THE REQUIRED CONSIDERATION, THAT ANY CAUSE OF ACTION IS PRESUMED TO HAVE ARISEN IN THE CITY AND COUNTY OF THIS BUSINESS OR WEBSITE, NOT IN THE STATE OF CALIFORNIA, UNLESS THE WEBSITE IS LOCATED THERE, AND NOT IN THE JURISDICTION WHERE THE CUSTOMER RESIDES.
ARBITRATION
AS PART OF THE CONSIDERATION THAT THE SELLERS REQUIRES, BUYER AGREES TO USE BINDING ARBITRATION FOR ANY CLAIM, DISPUTE, OR CONTROVERSY (“CLAIM”) OF ANY KIND (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS PURCHASE, THIS PRODUCT, INCLUDING SOLICITATION ISSUES, PRIVACY ISSUES, AND TERMS OF USE ISSUES.
ARBITRATION SHALL BE CONDUCTED PURSUANT TO THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION WHICH ARE IN EFFECT ON THE DATE A DISPUTE IS SUBMITTED TO THE AMERICAN ARBITRATION ASSOCIATION. INFORMATION ABOUT THE AMERICAN ARBITRATION ASSOCIATION, ITS RULES, AND ITS FORMS ARE AVAILABLE FROM THE AMERICAN ARBITRATION ASSOCIATION, 335 MADISON AVENUE, FLOOR 10, NEW YORK, NEW YORK, 10017-4605. HEARING WILL TAKE PLACE IN THE CITY OR COUNTY OF THE SELLER.
IN NO CASE SHALL THE BUYER HAVE THE RIGHT TO GO TO COURT OR HAVE A JURY TRIAL. BUYER WILL NOT HAVE THE RIGHT TO ENGAGE IN PRE-TRIAL DISCOVERY EXCEPT AS PROVIDED IN THE RULES; YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION; THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING WITH LIMITED RIGHTS OF APPEAL.THE PREVAILING PARTY SHALL BE REIMBURSED BY THE OTHER PARTY FOR ANY AND ALL COSTS ASSOCIATED WITH THE DISPUTE ARBITRATION, INCLUDING ATTORNEY FEES, COLLECTION FEES, INVESTIGATION FEES, TRAVEL EXPENSES.
JURISDICTION AND VENUE
IF ANY MATTER CONCERNING THIS PURCHASE SHALL BE BROUGHT BEFORE A COURT OF LAW, PRE- OR POST-ARBITRATION, BUYER AGREES TO THAT THE SOLE AND PROPER JURISDICTION TO BE THE STATE AND CITY DECLARED IN THE CONTACT INFORMATION OF THE WEB OWNER UNLESS OTHERWISE HERE SPECIFIED. IN THE EVENT THAT LITIGATION IS IN A FEDERAL COURT, THE PROPER COURT SHALL BE THE CLOSEST FEDERAL COURT TO THE SELLER'S ADDRESS.
APPLICABLE LAW
BUYER AGREES THAT THE APPLICABLE LAW TO BE APPLIED SHALL, IN ALL CASES, BE THAT OF THE STATE OF THE SELLER.
NOTICE
BUYER HEREWITH AGREES TO RECEIVE NOTICE OF CHANGES, LITIGATION, SERVICE OF PROCESS, CANCELLATION, TERMINATION, AND MODIFICATION OF SERVICE OR PRODUCT AT THE EMAIL ADDRESS PROVIDED TO SELLER ON THE ORDERING PAGE. FURTHER, BUYER AGREES THAT THE RIGHT TO CONTACT BUYER CONCERNING LEGAL NOTICE SHALL NOT BE TERMINATED BY PREVIOUSLY SUBMITTED ‘UNSUBSCRIBED' NOTICES AND SPECIFICALLY AGREES THAT ANY NOTIFICATION TO CEASE CONTACT SHALL NOT BE BINDING UPON THE SELLER IN REGARDS TO NOTICE OF CHANGE, LITIGATION, SERVICE OF PROCESS, CANCELLATION OF PRODUCT OR SERVICE OR MEMBERSHIP OR SUBSCRIPTION, TERMINATION OF A PROGRAM, PRODUCT OR WEBSITE, OR MODIFICATION OF THE TERMS OF SERVICE OR PRODUCT.
ADDITIONALLY, THE BUYER GRANTS SELLER IRREVOCABLE RIGHT TO CONTACT HIM OR HER VIA MAIL OR TELEPHONE CONCERNING ANY OF THESE ISSUES IRRESPECTIVE OF OTHER RIGHTS THE BUYER HAS TO SEVER CONTACT WITH SELLER.
COSTS
THE PREVAILING PARTY TO ANY ARBITRATION OR LITIGATION WILL BE ENTITLED TO COLLECT ATTORNEY FEES AND ALL OTHER COSTS OF THE ARBITRATION OR LITIGATION, INCLUDING FILING FEES, INVESTIGATION FEES, COLLECTION FEES, AND TRAVEL EXPENSES FROM THE OTHER PARTY.
MODIFICATION
THIS PURCHASE AGREEMENT CANNOT BE MODIFIED IN ANY MANNER BETWEEN THE SELLER AND THIS BUYER UNLESS MODIFICATIONS ARE MADE IN WRITING SIGNED BY BOTH PARTIES. HOWEVER, THE SELLER MAY MODIFY THIS PURCHASE AGREEMENT AT ANY TIME FOR OTHER BUYERS WITHOUT NOTICE TO THE INSTANT BUYER.
ENFORCEABILITY OF PROVISIONS
IN THE EVENT THAT SOME PROVISIONS, TERMS, CONDITIONS OF THE PURCHASE AGREEMENT ARE HELD TO BE INVALID OR UNENFORCEABLE, THE REMAINDER OF THE PROVISIONS THAT ARE ENFORCEABLE SHALL CONTROL. ADDITIONALLY, BUYER AND SELLER AGREE THAT, IF ANY PROVISION IS FOUND TO BE INVALID OR UNENFORCEABLE, THE ARBITRATING PANEL WILL CONSTRUE SUCH PROVISION TO THE MAXIMUM EXTENT THAT IT MIGHT BE FOUND TO BE VALID OR ENFORCEABLE.
WAIVER OF BREACH
THE SELLER'S WAIVER (FAILURE TO ENFORCE) ANY TERM OF THIS AGREEMENT SHALL NOT BE CONSTRUED AS A MODIFICATION OR AN AMENDMENT TO THIS AGREEMENT OR CONSTITUTE A WAIVER OF OTHER BREACHES.
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